3(1)If the owner of any underlying mines or minerals desires to work them, he shall give the acquiring authority notice in writing of his intention to do so 30 days before the commencement of working.E+W
(2)On receipt of the notice the acquiring authority may cause the mines to be inspected by a person appointed by them for the purpose.
(3)Subject to paragraph 4(1) below, if the acquiring authority consider that the working of the underlying mines or minerals is likely to damage the undertaking, and is willing to compensate the owner for all or any part of the mines, the owner shall not work or get them.
(4)If the acquiring authority and the owner do not agree on the amount of compensation the question shall be referred to and determined by the [F1Upper Tribunal] .
Textual Amendments
F1Words in Sch. 2 para. 3(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 151 (with Sch. 5)